Overturning Roe v. Wade and affirmative action in higher education had been leading goals of the conservative legal movement for decades.
WASHINGTON — Overturning Roe v. Wade and eliminating affirmative action in higher education had been leading goals of the conservative legal movement for decades.
“That is what is notable about this court. It’s making huge changes in highly salient areas in a very short period of time,” said Tara Leigh Grove, a law professor at the University of Texas. Affirmative action was arguably the biggest constitutional decision of the year, and it showcased fiercely opposing opinions from the court's two Black justices, Clarence Thomas and Ketanji Brown Jackson.
Roberts wrote a disproportionate share of the term's biggest cases: conservative outcomes on affirmative action and the student loan plan, and liberal victories in Alabama and North Carolina. “I don’t think the court consciously takes opinion into account,” Grove said. “But I think if there’s anyone who might consciously think about these issues, it’s the institutionalist, the chief justice. He’s been extremely concerned about the attacks on the Supreme Court.”
“There were a lot of external atmospherics that really could have affected court business, but didn't,” said Jennifer Mascott, a George Mason University law professor. Still, Biden said, he thought some on the high court “are beginning to realize their legitimacy is being questioned in ways it hasn’t been questioned in the past.”
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